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(영문) 대전지방법원 천안지원 2016.04.08 2016고단74

사기

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant conspired to receive a loan by deceiving the lending company through using the certificate of employment created voluntarily with the nameless lending intermediary business operator and the statement of banking transaction.

Accordingly, around April 7, 2014, the Defendant submitted a false account transaction statement to the Korea-style branch office of the mutual savings bank (state) and received KRW 30 million from the victim's company as if he had worked normally as a staff member at the company, and received KRW 10 million from the victim's professional loan, KRW 3 million from the victim's example loan, KRW 3 million from the victim's example loan, KRW 3 million from the victim's example loan, KRW 3 million from the victim's loan, and KRW 500,000 from the victim's loan from KRW 50,000,000 from the victim's won loan to the Internet search. On July 15, 2014, the Defendant submitted a false account statement to obtain KRW 500,000 from the victim's member loan and the defendant's loan from the victim's mother shop under the name of the victim's loan and the defendant's loan from 50,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Issuance of a certificate of employment (a copy), detailed statement of transactions of deposits and withdrawal, loan information, reply to a request for cooperation in investigation affairs, detailed statement of transactions of deposits and withdrawal, application of the Acts and subordinate statutes of loan transaction contracts;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) 1 offence;